Field v. Paulding
New York Court of Common Pleas
Appeal from an order at special term denying a motion to set aside executions in two causes.
1Opinion of the Court
Ingraham, F. J.
In these actions judgments were docketed in April, 1848. Executions were issued to the sheriff of Ulster County in May, 1848, upon which certain land was sold, and the plaintiff was the purchaser; on receiving the certificate from the sheriff he endorsed on the executions an acknowledgment of payment. It was subsequently discovered that the sale was void, because the executions purported to be on judgments in the Supreme Court.
The plaintiff then applied to this court in January, 1851, for an order allowing the plaintiff to issue new executions to the sheriff for the whole…
2Cited by3 opinions
- Smith v. ReedCalifornia Supreme Court · 1877
- Van Voorhis v. KellyNew York Supreme Court · 1883
- Cooper v. BaileyAppellate Division of the Supreme Court of the State of New York · 1902